United States v. Benjamin Jasper Fire Thunder

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that force requirement not met merely because defendant was adult and stepfather to child victim
• “The requirement of force may be satisfied by ... the use of such physical force as is sufficient to ... restrain ... a person.”
• force requirement of Sec. 2241(a)(1) met when sexual contact resulted from restraint upon another person such that person could not escape sexual attack
• “The requirement of force may be satisfied by . . . the use of such physical force as is -5- sufficient to . . . restrain . . . a person.”
• “While the distinction between deliberate indifference and malpractice can be subtle, it is well established that as long as a physician exercises professional judgment his behavior will not violate a prisoner’s constitutional rights”
• “The force requirement of section 2241(a)(1) is met when the ‘sexual contact resulted from a restraint upon the other person that was sufficient that the other person could not escape the sexual contact.” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).